Daily Archives: November 2, 2015

GOVERNMENT SETS UP A COMMITTEE TO SIMPLIFY THE PROVISIONS OF THE INCOME TAX ACT, 1961

By | November 2, 2015

New Delhi, October 27, 2015 Kartika 5, 1937 The Government of India has constituted a Committee with a view to simplify the provisions of the Income Tax Act, 1961, with the following composition: (i) Justice R.V. Easwar, (Retd.), former Judge, Delhi High Court and former President, ITAT – Chairman (ii) Shri V.K. Bhasin, former Law… Read More »

Amendment regarding equal right for daughters over property is prospective: Supreme Court

By | November 2, 2015

SUPREME COURT OF INDIA PRAKASH & ORS VERSUS PHULAVATI & ORS. CIVIL APPEAL NO.7217 OF 2013 Date : 16/10/2015 Issue :  whether Hindu Succession (Amendment) Act, 2005 (‘the Amendment Act’) will have retrospective effect. ? Facts of the case :- According to the case of the plaintiff, the suit properties were acquired by her late… Read More »

Special Judge is not expected to try non PC offences totally unconnected with any PC offences under Prevention of Corruption Act

By | November 2, 2015

Supreme Court of India State through CBI, New Delhi v. Jitender Kumar Singh [Criminal Appeal No.943 of 2008], 5th February, 2014 It was held that “a Special Judge exercising powers under the Prevention of Corruption Act, 1988 is not expected to try non-PC offences totally unconnected with any PC offences under Section 3(1) of the… Read More »

Picture of a nude woman cannot be called obscene unless it arose an overt sexual desire: supreme Court

By | November 2, 2015

Picture of a nude woman cannot be called obscene unless it arose an overt sexual desire  Supreme Court of India Aveek Sarkar & Anr. v. State of West Bengal & Ors. [Criminal Appeal No.902 of 2004], 3rd February, 2014 It was held that “a picture of a nude/semi-nude woman,as such, cannot per se be called… Read More »

Mere issuance of a notice under Section 35(3) of the Indian Forest Act, 1927 is not sufficient for any land being declared a “private forest” : Supreme Court

By | November 2, 2015

Supreme Court of India Godrej & Boyce Mfg. Co. Ltd. & Anr. v. The State of Maharashtra & Ors. [Civil Appeal No.1102 of 2014] 30th January, 2014  It was held that the mere issuance of a notice under Section 35(3) of the Indian Forest Act, 1927 is not sufficient for any land being declared a… Read More »

Compensation Deposited in the government treasury not equivalent to paid to landowners : Supreme court

By | November 2, 2015

Supreme Court of India  Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors. [Civil Appeal No. 877 of 2014],  24th January, 2014 In a land acquisition matter, it was held that deposit of the amount of compensation in the government treasury cannot be said to be equivalent to the amount of compensation paid… Read More »

Stay of disciplinary proceedings advisable in case criminal charge is grave : Supreme Court

By | November 2, 2015

Supreme Court of India M/s Stanzen Toyotetsu India P. Ltd. v. Girish V & Ors.  [Civil Appeal Nos. 763-768 of 2014], 21st January, 2014 Question arose for consideration as to whether disciplinary proceedings initiated by appellant-company against its employees (respondents) ought to remain stayed pending conclusion of the criminal case instituted against the respondents in… Read More »

Smugglers and Foreign Exchange Manipulators Act is not violative of Article 20 of the Constitution

By | November 2, 2015

  Supreme Court of India Biswanath Bhattacharya v. Union of India & Others [Civil Appeal Nos. 772-773 of 2014], 21st January, 2014, It was held that the Smugglers and Foreign Exchange Manipulators (Forefeiture of Property) Act, 1976 “is not violative of Article 20 of the Constitution” and that even otherwise “in view of its inclusion in… Read More »